McKinlay v. Van Dusen
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Howard McKinlay against Margaret Van Dusen and others. Judgment dismissing the complaint for insufficiency of facts, and plaintiff appeals.
1Opinion of the CourtKellogg, J.
The action is in equity, and seeks the partition of real and personal estate, and incidentally the construction of a will through which plaintiff claims title. The will is set forth in full and made a part of the complaint; and plaintiff alleges that by the will he is entitled to one undivided fifteenth part in possession of both the real and personal estate described. Plaintiff in his prayer for relief asks that clause 15 of the will of one William Harden, a great-uncle, through which will the alleged title is claimed, be declared void, and absolute title in fee be decreed to be in plaintiff…
2Cases cited2 opinions
- Mellen v. . MellenNew York Court of Appeals · 1893
- Whitney v. WhitneyNew York Supreme Court · 1892